A judge’s decision Wednesday played in the favor of five same-sex couples who will not face deportation despite the ongoing battle arising from the Defense of Marriage Act – a discriminatory policy that has prevented all five couples from petitioning for the foreign-born partner citizen relief program.

Petitioners in the lawsuit were granted the right to stay in the U.S. “[s]olely because of DOMA and its unconstitutionaldiscrimination against same-sex couples.” The court order further added that “these Plaintiffs are being denied the immigrationrights afforded to other similarly situated binational couples” and therefore have been afforded the right to stay in the country.

The order will not grant petitioners visas or green cards, but rather the same-sex couples will remain in the United States until further resolution of DOMA can unfold.

“The case is stayed pending the Second Circuit‘s resolution of Windsor v. United States,” the court order said.